state of ohio 
Department of public instruction 

BULLETIN No. 4, 1916 WHOLE NUMBER 16 



SYLLABI 

of 

Opinions of the Attorney General 

from 

March, 1915 to May, 1916 




F. B. PEARSON 
Superintendent of Public Instruction 



Columbus, Ohio : 

The F. J. Heer Printing Co. 

1916. 

Bound at the State Bindery. 



^'OBOffra^li. 



T).' of D. 
DEC 2C 19J« 



TMP92-008394 







In the 1915 edition of the Ohio School Laws the 
syllabi of the opinions of the Attorney-General were placed 
after each section to which they applied. The syllabi from 
1911 to March, 1915, have therefore already been published. 
Numerous requests have come to this Department to con- 
tinue this work for the remainder of the year. The syllabi 
of various opinions have been sent to a few county super- 
intendents and in every instance this official has been strong 
in his argument that we continue this work. Accordingly, 
we are having enough of these printed to supply every 
school official interested. The sections of the General Code 
to which the syllabi apply have been placed opposite in each 
case. This bulletin contains the syllabi of the opinions of 
the Attorney-General applying to school problems from. 
March, 1915, to May, 191G. 

(3) 



The opinions are given in numerical order. In the 
index below the sections are given in numerical order. In 
each case in which the section alluded to is not found 
in the 1915 school laws the number of the section is given 
in brackets. 

Sectiojis. Opinion Nos. 

325 1277 

[871-52] 510 

1261-34 800 

[1321-1] 751-898 

[1324] 898 

[1352-1] 173 

[1465-58] 214 

1639 1434 

1672 1434 

2918 1414 

2294 (p. 206) 214 

[2296] 290 

[2297] 290 

[2303-2311] 388 

[3281] 631 

4648 1200 

4696 1416 

4682 247 

4682-1 287-569 

4683 287^569 

4684 1322 

4687 569 

4692 316-375-919-926-1034-1132-1135 

1299-1322-1419-1438 
4696 903-926-1299 

4708 1137 

4709 247 

4712 , 1082 

4715 ' 570 

[4723] 663 

4726 183-184-258-790-925-1299-1322 

4726-1 925 

4729 1266 

4734 618-750 

4735 258 

(4) 



OF THE ATTORNEY GENERAL. 



Sections. Opinion Nos. 

4735-1 596 

4736 183-258-316-375-1132 

4738 650-680-1031 

4739 680-913 

4740 463-913-1031 

4741 913 

4742 535-913 

4744-1 618 

4744-8 168-336-375^88-975-1004 

4747 177-535-802-1025-1133-1150 

4748 523-746 

4749 419-1162 

4752 245 

4756 381-419 

4761 839 

4763 656-1059 

4764 1150 

4770 526 

4771 526 

4774 1133-1150 

4782 526-656-1059-1265 

4783 526 

4784 656-781 

4792 919 

4839 184-925 

5032 1082 

5111 1009 

5653 654 

5649-1 638 

6649-2 620 

5649-4 283-620 

5649-3a 638 

5649-3b 621 

5649-3C 638 

5649-5b 620 

5656 (p. 199) 178-253-273-612 

-5660 (p. 203).. 839 

7525 1299 

7587 245 

7592 179 

7595 179-228-237-293-799-803 

7595-1 293-799-803 

7596 226-228-236-293-335 

7600 218-793 



6 SYLLABI OF OPINIONS 

Sections. Opinion A'os. 

7604 781-458-793-1059-1318 

7605 781-793-1-618 

7607 458-781-793-1318 

7613 638 

7620 ,. . 926-(after 1150) 

762-2-1 '. .. 197 

7623 406-1209 

7624 294 

7625 ,.. 183-257-283-790-919-1135 

7ii29 257-283-779 

7G30-1 273-283-620 

7631 890 

7632 1059 

7644 902-974 

7646 902-974-1104 

7648 1037 

7655-7 836 

7669 609-1416 

7670 609 

7671 609 

7672 609 

7681 615 

7682 ■ 663-742 

7684 974 

7687 1400 

7690 1200 

7692 893 

7703 245 ^ 

7705 245 

7706-1 293 

7713 904 

7718 963 

7730 292-316-642-799-827-902-961 

7731 612-961-974-975-1104-1294 

7731-1 974 

7733 961 

7734 663-742 

7735 974 

7739 321-904 

7747 675-836-1037-1054 

7748 675^36-1054-1215 

7750 675-1054 

7751 179 

7763 965-1283 



OF THE ATTORNEY GENERAL. 

Sections. Opinion Nos. 

7773 965 

7777 321 

7811 679-835-1134 

7812 1134 

7817 361 

7822 1421 

7830 1421 

7870 245-749 

7889 1265 

7892 549 

[8759] 381 

9922 769 

12932 (p. 109) 801 

12993 1012 

12994 1012 

12977 (p. 288) 965 



4744-3 168. Mar. 26, 1915. The amounts retained by the 

county auditor under Section 4744-3, G. C. for the purpose 
of paying part of the salaries of the county superintendent 
of schools and the district superintendents should be charged 
against the apportionment of the state common school fund, 
and against the tuition fund of the district. 

1352-1 173. Mar. 27, 1915. Detention Homes of Juvenile 

Courts are not required to be certified under section 1352-1 
G. C. 

4747 177. Mar. 27, 1915. A member of the Ohio General As- 

sembly cannot serve as a clerk of the village board of educa- 
tion of which he is a member and receive a salary as such 
clerk. 

5^5^ 178. Mar. 27, 1915. A board of education may borrow 

(p. 199) money under Section 5656, G. C. for the purpose of paying 
unpaid installments of teachers' salaries. 

Bonds may not be issued under this section, however, 
unless within the limitations of the law interest and sinking 
fund levies sufficient to retire them may be made during the 
years for which they are to run. Such interest and sinking 
fund levies being preferred to current levies by the Act 
found in 104 O. L., 12, the board should anticipate its needs 
for current purposes and its needs for interest and sinking 
fund purposes and so apportion its indebtedness as not to 
impair its future revenues for either purpose. 

7692 179. Mar. 27, 1915. Section 7592, G. C. is no longer in 

force and no levy outside the five mill limitation of the Smith 
Law can be made thereunder, except as therein provided. 
(See. 5649-5 et seq.) 

7761 Section 7751, G. C. cannot be so interpreted as to per- 

mit a levy thereunder outside of the five mill limitation of 
the Smith Law. 

7696 The opinion of the attorney General to the Auditor of 

State under date of February 26, 1912, relative to the ap- 
plication of the law for state aid to weak school districts 
concurred in, but limited to its application to the said law 
as it then existed. 

[Another opinion was rendered by the attorney general 
to the auditor of state in 1912 (p. 89, supplemented on p. 108). 
This opinion is qualified by the opinion of March 27, 1915 to 
the effect that — "A board of education which has sub- 
mitted a budget estimate requiring the levy of taxes to the 

(8) 



OF THE ATTORNEY GENERAL. 

full extent of any absolute limitation of the Smith law, 
such as five mill limitation of Section 5649-3a, G. C, should 
not be held to have disqualified the district to receive state 
aid, if such amount is insufficient to operate the schools in 
accordance with the provisions of the state aid law." (At 
the time the earlier opinions were rendered three-fourths of 
the levy had to be for tuition purposes. It is now required 
that two-thirds be for tuition purposes.)] 

184. Mar. 30, 1915. The provisions of Section 4726, 4736 
G. C. as amended 104 O. L., 139, taken in connection with 4839 
the provision of Section 4839, G. C., authorizes the calling 
of a special election in a rural school district for the pur- 
pose of submitting the question of centralization to the vote 
of the qualified electors of such district. 

197. April 3, 1915. The board of education has no -7522-1 
authority in law to rent a school building, or part thereof, 
to a secret society for the purpose of holding lodge sessions 
and such social functions and entertainments of such society 
as are not open to all persons in the community on equal 
terms or which will not, in the judgment of the board of 
education, benefit the people of the community. (School 
houses may be used for holding grange or similar meetings, 
see Sec. 7622-3.) 

214. April 8, 1915. Where a school district has no 
bonded indebtedness, and a board of sinking fund com- (p. 2O6) 
missioners has not been created, the board of education of tl465-58] 
the district in the issue and sale of its bonds, is not re- 
quired to procure the appointment of a board of commis- 
sioners of sinking fund for the district before proceeding 
to ofifer such bonds to the Industrial Commission and to 
advertise and sell such bonds or any residue not purchased 
by the Industrial Commission. 

218. April 8, 1915. The provisions of Section 7600, 
G. C, which reads "each school district within the -county 
shall receive thirty dollars for each teacher employed in 
such district" means for each teacher to be employed in 
such district for the ensuing year. 

226. April 10, 1915. If the certified statement of facts 
of the county auditor to the state auditor under the pro- 
vision of Section 7596, G. C, as amended in 103 O. L., 267, 
shows that the proper proportions required by Section 7595, 
G. C, as amended in 104 O. L., 165, have. been observed in 
the use of the funds of a school district, the negligence of 
the board of education of such district in the preparation 
of its annual budget and of the budget commissioners of 

2 



7600 



7596 



lO SYLLABI OF OPINIONS 

the county in their consideration of said budget, in faihng 
to observe said proportions, does not prevent the district 
from receiving state aid provided such district has com- 
plied with all the other requirements of the statutes gov- 
erning state aid to weak school districts. 

7595 228. April 10, 1915. Levies illegally made in excess 

7596 of the legal maximum for school districts are not required 
to be divided in the proportion of three-fourths for tuition 
and one-fourth for other purposes in order that a school 
district so levying may be qualified to receive State aid, 
but so much of the proceeds of such levies as are applied 
to tuition purposes must be counted as receipts of the 
board for the purpose of ascertaining the deficiency for 
which State aid is to be extended. [The ratio above named 
was changed by law taking effect August 29, 1915, to two- 
thirds and one-third.] 

yggg 236. April 14, 1915. If a school district, because of 

an error in estimating receipts and expenditures for the 
current school year, receives an amount more than sufficient 
to make up its actual deficit for such year, it is the duty 
of the state auditor, upon discovering such error, to correct 
the same by drawing on the treasurer of such school dis- 
trict for the extra amount. If th^re is not a sufficient 
amount of money in the treasury of such school district 
to the credit of the tuition fund to honor said draft, the 
state auditor should withhold said amount from the next 
allowance made to such district on its application for state 
aid. On the other hand, if the district, because of such 
an error, fails to receive an amount necessary to make up 
its deficit, the state auditor upon discovering such error, 
should pay to the treasury of such school district an amount 
sufficient to make up such deficit. 

237. April 14, 1915. If the board of education of a 
school • district, in its annual budget, fails to observe the 
appropriations required by Section 7595, G. C. as amended 
in 104 O. L., 165, to-wit: the three-fourths tuition fund and 
one-fourth for all other purposes, but in making the levy 
of the amount allowed by the county budget commissioners 
said proportions are observed, said district is not prevented 
from receiving state aid on account of the negligence of 
the said board of education, provided said district has com- 
plied with all other requirements of the statutes governing 
state aid to weak school districts. [The ratio above named 
was changed by law taking effect August 29, 1915, to two- 
thirds and one-third.] 



7595 



OP THE ATTORNEY GENERAL, II 

274. April 23, 1915. Electors residing in territory at- 4682 
tached to a village school district for school purposes by 
the county board of education, may vote for school offices 
and on all school questions in such village school district. 

253. April 17, 1915. The board of education of a 5656 
school district has authority under the provisions of Sec- (P- ^^^^ 
tions 5656 et seq. G. C, to fund indebtedness consisting of 
unpaid salaries of the teachers and janitors of the schools 
of such districts. 

The board of education of a school district does not 
have authority, under the provision of Sections 5656 et 
seq., G. C., to fund indebtedness consisting of unpaid bills 
for contingent expenses. 

257. April 19, 1915. The tax limitations do not 7C25 
operate as debt limitations in the manner defined in Rabe 
V. Board of Education, 88 O. S., 403, nor under Article XII, 
Section 11 of the Constitution, when a board of education 
under Section 7625, G. C., merely determines to submit the 
question of the issuance of bonds in a given amount to a 
vote of the electors. Such limitations apply, however, when 
after a favorable vote the board proceeds to issue the 
bonds, and prevent their issuance, unless within the period 
for which the bonds are to run sufficient interest and sink- 
ing fund levies can be made within the tax limitations. 

Even in such case the principles referred to have a 
limited application because of the fact that the bonds are 
issued by a vote of the people and because of the amend- 
ment to Section 5649-1, G. C. (104 O. L., 12). 

[The decision in the case of Rabe v. Board of Educa- 7629 
tion above referred to was to the effect that bonds may 
not be issued under Section 7629 unless it appeared that 
the board of education, making a levy allowed by law and 
in view also of the possible reduction of that levy by the 
board of review, could reasonably anticipate that the 
bonds could be sunk without impairing the available funds 
so that the schools could not be maintained. This decision 
further asserted that Section 7630 was repealed by implica- 
tion by the Smith Tax Law. It will be observed that this 
decision was in regard to bonds issued under 7629, rather 
than bonds issued under 7625.] 

273. April 22, 1915. A levy for the payment of prin- 7630-1 
cipal and interest on bonds issued to erect or repair school 
buildings, rendered necessary as a compliance with the orders 
of the chief inspector of workshops and factories or by 
the destruction of school buildings by fire or other casualty, 



12 SYLLABI OF OPINIONS 

said bonds being issued pursuant to a vote of the people, is 
not within the five mill limitation or any of the other limita- 
tions of the Smith one per cent law. 
5g5g A board of education not having fully exercised the 

(p. 199) authority conferred by law to levy taxes for sinking fund 
and interest on bonds falling due, is not authorized to 
borrow money or issue bonds for the purpose of extending 
or refunding said indebtedness under the provisions of sec- 
tion 5656, G. C. 
7630-1 283. April 24, 1915. For the purpose of repairing or 

7629 erecting school buildings in compliance with orders of the 

chief inspector of workshops and factories, or when ren- 
dered necessary by destruction of buildings by fire or other 
casualty, a board of education may issue and sell bonds 
under the provisions of Section 7629, G. C. without a vote 
of the electors ; the tax levy therefore being within the five 
mill and ten mill limitations of the Smith law. 
7625 If the funds at its disposal or that can be raised under 

Section 7629, G. C. would not be sufficient, the board may 
submit the proposition to the electors in conformity with 
the provisions of Section 7625 G. C. et seq. ; the tax levy 
for such bonds and interest being outside the five mill and 
ten mill limitations, but within the fifteen mill limitation of 
the Smith law. 
7630-1 Upon determination that sufficient money cannot be 

5649-4 raised within the limitations applicable to each of the fore- 

going methods, the board may submit the proposition to 
issue bonds pursuant to the provisions of Sections 7630-1 
G. C. and 5649-4, G. C, to which latter procedure none of 
the limitations on taxation is applicable. 
4682-1 287. April 26, 1915. Upon the dissolution of a vil- 

4683 lage school district, tha title to the school property of said 

district passes to and vests in the board of education of 
the contiguous rural school district to which such village 
school district is joined, but only the property within the 
limits of said village school district will be subject to a tax 
levy for the payment of any indebtedness incurred by the 
board of education of said village school district, and the 
board of education of said rural school district will have no 
authority in law to assume said indebtedness or to levy a 
tax to provide a fund for the payment thereof either upon 
the property within the limits of said village school district 
or upon the general duplicate of said rural school district. 
If the levy for the payment of said indebtedness has 
not been made by said board of education of said village 



OF THE ATTORNEY GENERAL. I3 

school district at the time of dissolution, said village school 
district as a separate taxing district, and its board of edu- 
cation as its taxing authority, must continue for the pur- 
pose only of levying a tax for the payment of such inbedted- 
ness until such time as said indebtedness will have been paid. 

290. April 27, 1915. If the board of education of a [2296] 
school district finds that there is a surplus in its tuition r-297] 
fund, resulting from the local tax levy for said fund, 
which will not be needed for any of the purposes of said 
funds, and that it is necessary to transfer said surplus to 
its building fund to be used in the construction of a school 
building which the board of education finds necessary for 
the proper accommodation of the pupils of its district, such 
board may, upon the order of the common pleas court, on 
an application duly made in compliance with the require- 
ments of Section 2296 et seq., G. C, transfer said surplus 
from said tuition fund to the building fund for the pur- 
pose above named. 

292. April 27, 1915. The provision of Section 7730, 7730 
G. C., as amended 104 O. L., 139, that no school of any 
rural district shall be suspended or abolished until after 
sixty days' notice [see below] has been given by the school 
board of such district, is mandatory, and no school is sus- 
pended until such notice is given even though the average 
daily attendance in such school for the preceding year was 

less than twelve. [Since this opinion was rendered the law 
has been so amended as to require but ten days' notice.] 

293. April 27, 1915. District superintendents cannot 7706-1 
require the teachers of their district to attend the meeting 
provided for in Section 7706-1, G. C., (104 O. L., 144), on 
Saturday afternoons. 

If the board of education of a district authorizes the 
holding of these meetings on regular school days and dur- 
ing school hours, it is the duty of the teachers of said dis- 
trict to attend such meetings, and said teachers are entitled 
to their regular pay for attending said meetings the same as 
if they had taught during the time used for such meetings. 

Such district, 'by paying its teachers for attendance 7595 
at meetings held on regular school days, does not, on this '^596 
account, render itself ineligible to receive state aid, pro- 
viding it complies with all the statutes governing state aid 
to weak school districts. 

Where a district superintendent, employed under the 7595.1 
provision of Section 4740, G. C., as amended in 104 O. L., ''^^^ 
141, gives one-half of his time to teaching, the proportionate 



14 SYLLABI OF OPINIONS 

amount paid him as a teacher, based upon the minimum 
salary of $70.00 per month, mentioned in item 4 of the 
schedule of salaries provided in Section 7595-1, G. C. (104 
O. L., 165), should be included by the board of education 
of the district in which he teaches in estimating its deficiency 
for the purpose of making application for state aid, and the 
fact that said superintendent has been paid for teaching 
one-half his time, does not prevent said district from re- 
ceiving state aid, providing said district has complied with 
all of the requirements of the statutes relating thereto. 

7524 294. April 27, 1915. If the board of education of a 

school district, by a proper resolution of record, determines 
that it is necessary to procure a tract of land on which a 
church parsonage is located for school purposes, and that it 
is unable to agree with the official or officials of the church 
organization holding the title to said property in trust for 
said organization, upon the sale and purchase thereof, said 
board of education, acting under authority of, and in com- 
pliance with the requirements of Section 7624, G. C., as 
amended in 103 O. L., 466, may acquire the title to said 
property in the manner provided by law for the appropriation 
of private property by municipal corporations. 

4692 316. May 1, 1915. A county board of education, acting 

^'^^ under authority of, and in compliance with, the provisions 

of Section 4736, G. C., as amended in 104 O. L., 138, has 
authority to transfer a part of a rural school district to a 
contiguous village school district, but said county board of 
education has no authority in law to suspend any school in 
the territory so transferred. Said suspension can only be 
effected by proper action of the board of education of said 

7730 village school district under authority of Section 7730, G. C, 

as amended in 104 O. L., 139, and in compliance with the 
requirements of said section. 

7739 321. May 3, 1915. The board of education of a school 

"^"^"^"^ district cannot be compelled to furnish school books free of 

charge to pupils of a parochial school — Board authorized 
to purchase only text books adopted by board. 

335. May 6, 1915. If a school district receives more 
than it is legally entitled to from state aid for weak school 
district, an adjustment may subsequently be made by de- 
ducting from subsequent amounts to which it is entitled, the 
amount illegally received. 

4y^4.3 336. May 6, 1915. The board of education of a county 

school district has no authority in law to employ counsel 
other than the prosecuting attorney of the county. 



7596 



OF THE ATTORNEY GENERAL. 15 

361. May 13, 1915. Under the provisions of Section 7817 
7817, G. C, as amended, 104 O. L., 103, county boards of 
school examiners are no longer required or authorized to 
publish notice of the time and place of holding public meet- 
ings for the examination of applicants for county teachers' 
certificates. 

381. May 17, 1916. A traction company, owning or 4755 
operating an interurban railroad, has no. authority in law to [8759] 
condemn, for railroad purposes, a part of a tract of land 
the title to which is held by the board of education of a 
school district in trust for public school purposes. 

388. May 19, 1915. Treasurers and sureties of a (2303-2311) 
county, township, city, village or school district may be re- 
leased for loss of public funds, without submitting the 
question of release to vote of the people — certain restrictions. 

406. May 25, 1915. If the facts in the particular case 7523 
do not justify a finding of "urgent necessity" by the board 
of education of a school district within the meaning of 
Section 7623, G. C, a failure on the part of said board to 
comply with the requirements of said section renders the 
contract for the construction or repair of a school building 
void. 

419. May 28, 1915. The board of education of a school 4749 
district, acting under authority of Section 4749, G. C, may 
determine by resolution that certain real property which said 
board owns in fee is not needed for school purposes and 
that it is for the best interest of the school district to sell 
the same, and if the value of said property is less than three 
hundred dollars the provisions of Section 4756, G. C, as 
amended in 103 O. L., 536, are not applicable to the sale of 
said property and the same may be disposed of at private 
sale. 

458. June 5, 1915. The board of education of a school 
district in which but one bank is located, having determined '^^^'^ 
by resolution to invite bids from the several banks in the 
county, including the bank located in said district, should 
let the contract for the deposit of its funds to the bank or 
banks offering the highest rate of interest for the full time 
the funds, or any part thereof, are on deposit. 

463. June 8, 1915. Contracts entered into prior to May 4740 
27, 1915, under Section 4740, G. C., as amended 104 O. L., 141, 
in village or rural school districts, or unions of school dis- 
tricts, for supervision purposes for the employment of part 
time superintendents for periods of time extending beyond 
the taking effect of Senate Bill No. 323 passed by the 8Jst 



4756 



7604 



l6 SYLLABI OF OPINIONS 

General Assembly, amending said section 4740, are not 
subject to impairment by anything contained in said last 
amendment. In districts which are discontinued as super- 
vision districts by such last amendment, that is to say, in 
districts not maintaining a first grade high school, such 
superintendents so employed are entitled to perform similar 
services, at the same compensation, during the life of their 
contracts, or to damages for breach of the contract, although 
the position of part time superintendent is abolished by the 
amendment referred to. 

Such contracts in such districts entered into on or after 
May 27, 1915, however, must be regarded as having been 
made in contemplation of the possible going into effect of 
Amended Senate Bill No. 282, passed on that day and amend- 
ing Section 4740 in this /espect similarly to the amendment 
of that section effected by Senate Bill No. 323. Therefore, 
superintendents so employed after said date cannot complain 
^ of the effect of the statute upon the powers and duties of the 
board of education with which they contract, and the 
abolition of their positions by the taking effect of the act 
would not constitute an impairment of such contract. 

Amended Section 4740, G. C., as incorporated in Senate 
Bill No. 323, puts an end to state aid for the salaries of part 
time superintendents in separate supervision districts. This 
amendment of the law applies to the salaries of superin- 
tendents employed prior to May 27, 1915, state aid not being 
one of the obligations of such contracts, and the district 
having no contractual relation to the state with respect to 
state aid. 

Technically, boards of education may not act under 
Section 4740 as amended in 1915 until the amendatory acts 
become effective. It would be proper, however, for boards 
of education to anticipate the probable going into effect of 
such amendatory acts and to make their arrangements con- 
ditionally in view thereof. 

Amended Senate Bill No. 282, passed May 27, 1915, 
makes it mandatory upon the county board of education to 
redistrict the county district into supervision districts con- 
taining not fewer than thirty teachers. Superintendents em- 
ployed prior to that date by districts having fewer than thirty 
teachers (and more than twenty) are, notwithstanding the 
change in the law, entitled to similar work at the same salary 
for the balance of the terms of their respective contracts, 
if the same extend beyond the date when the amendment 
becomes effective, or to damages as for the breach of such 



OF THE ATTORNEY GENERAL. \'J 

contracts. Superintendents employed after such date, how- 
ever, may not complain of the change in the law, as they 
must be deemed to have contracted with knowledge of the 
probability of the amendment going into effect. 

Under Section 4738, G. C, as amended in 1914, a 
county board of education may re-district the county district 
into supervision districts at any time upon petition of three- 
fourths of the presidents of the boards of education of the 
districts constituting the county district. All contracts with 
district superintendents made under this section must be 
deemed to have been made subject to the exercise of this 
power; so that if a county board of education acts prior to 
the taking effect of the amendments of 1915 upon the petition 
of three-fourths of the presidents of the several boards of 
education, and so re-districts the county district as to make 
compliance with the new law possible, superintendents em- 
ployed prior to May 27, 1915, cannot complain of such action. 

488. June 11, 1915. The board of education of a 4744-3 
county school district has no authority in law to publish a 
report of the schools of said district for the school year. 

510. June 18, 1915. Motion picture films, which have [871.52] 
not been approved by the Ohio Board of Censors may not 
be exhibited in the public schools of the state. 

523. June 21, 1915. Where the facts in a particular 4^43 
case show that the removal of a member of the board of 
education of a school district is only temporary; that he 
maintains a home in said district during his absence and that 
he fully intends to return to said district at a- specified time, 
said removal does not create a vacancy in said board of 
education within the meaning of Section 4748, G. C. 

526. June 23, 1915. Section 4770, G. C, is not repealed ^^^^j 
by implication by the provisions of Section 4782, G. C, as 4782 
amended in 104 O. L., 158. The provisions of Section 4770, 4771 
G. C, are still in force and taken in connection with the 
provisions of Section 4782, G. C., as amended, and Section 
4783, G. C., prescribe the duties of the clerk of the board of 
education of a school district in making the annual settle- 
ment with the county auditor. 

The clerk of a board of education which has dispensed 
with its school treasurer, under authority of Section 4782. 
G. C, as amended, is not entitled to the compensation and 
mileage formerly allowed to said treasurer, under authority 
of Section 4771, G. C., for making the annual settlement with 
the county auditor, as required by the provision of Section 
4770, G. C. 



l8 SYLLABI OF OPINIONS 

4747 535. June 25, 1915. The vice president of the board of 

education of a school district, duly elected by the members 
of said board under authority and in compliance with the 
requirements of Section 4747, G. C, as amended in 104 
O. L., 139, may act as president of said board and perform 
the duties of said office which has been vacated by the 
resignation of the president of said board from said office. 

7^92 549. June 28, 1915. The provisions of Section 7892, 

G. C., are not applicable to the case of a person who has 
been retired as a teacher by the board of education of a 
school district under authority of Section 7880, G. C., and 
who has been granted a pension by said board of education 
under authority of Section 7883, G. C. 

^gg7 569. July 1, 1915. Where a township contains sixteen 

4fi8s ^ '^^ more square miles and a village is created out of said 

township, under provision of Section 4687, G. C., as amended 
104 O. L., 134, said village becomes a village school district 
separate and distinct from the township rural school district 
and the dissolution of said village school district and the 
union of said district with the contiguous township rural 
school district, under the provision of Section 4682-1, G. C, 
can be realized only upon the proper action of the board of 
education of said village school district in compliance with 
the requirements of said section. 

No action on the part of the board of education of said 
rural school district in connection with said dissolution and 
union is either authorized or required, and said board of 
education of said rural school district has no power to pre- 
vent such dissolution and union. [But see opinion 287.] 

After said village school district has been dissolved 
and joined to the contiguous township rural school district, 
said village, or the electors thereof, have no authority in law 
to withdraw the territory within the corporate limits of said 
village from said township rural school district and re- 
establish said village school district. [But a district may be 
created by the county board under Section 4736.] 

.570. July 1, 1915. Each member of the board of edu- 
cation of a rural school district elected in November. 1913, 
was entitled to $2.00 compensation for each meeting attended 
during the year 1914, but for not more than ten meetings in 
said year. For the years 1915, 1916 and 1917 said member 
is entitled to $2.00 compensation for each meeting attended, 
but for not more than five meetings in any of said years 
provided such rural school district contains sixteen or more 
square miles. 



4715 



OF THE ATTORNEY GENERAL. I9 

596. July 12, 1915. Where the board of education of a 4735-1 
rural school district under authority of Section 4735-1, G. C, 
104 O. L., 138, submits to a vote of the qualified electors of 
said district the proposition of dissolving said district and 
joining it to a contiguous rural or village school dstrict, and 
the vote is unfavorable thereto, upon the petition signed by 
not less than one-fourth of the electors residing in said 
district, said board of education may again submit said 
proposition to a vote of the electors of said district. 

609. July 14, 1915. Where the boards of education of 7669 
two or more adjoining rural school districts, or of a rural 757^ 
and village school district, unite such districts for high school "^'^^ 
purposes, under authority of section 7669 G. C., as amended 
in 104 O. L., 229, said boards should be governed by the 
provisions of section 7669 et seq., of the General Code, and 
should complete the proceedings commenced by them under 
said sections. 

612. July 15, 1915. The board of education of a rural 5656 
school district may borrow money, under authority of Sec- 7731'^^^^ 
tion 5656, G. C, to pay a charge against said district made 
by the board of education of a county district, in which 
such rural district is located, in case said county board of 
education furnishes transportation to pupils of said rural 
district, as required by Section 7731, G. C, as amended, 
when the local board fails or neglects to furnish such trans- 
portation, or to pay for services actually rendered under a 
contract of employment for this purpose. 

615. July 16, 1915. Under the provision of Section 768I 
7681, G. C, as amended 103 O. L., 897, the parent of a child 
attending the schools of a district must in fact reside within 
said district during the time of such attendance in order 
that said child may be entitled to such attendance free of 
charge. [But see also Section 7683.] 

618. July 17, 1915. The county board of education 4734 
may allow a county superintendent an amount sufficient to 
cover the actual and necessary expense of maintaining and 
operating an automobile owned by him and used in the dis- 
charge of his duties, having due regard for the extent of 
such use in public and private business. 

The provisions for the allowance to a county superin- 4744-1 
tendent of "a sum not to exceed three hundred dollars per ^'^^^ 
annum for traveling expenses and clerical help" is a limita- 
tion upon the amount of expenses of such superintendent 
which may be allowed by the county board, which expenses 
can only be allowed upon itemized bills of expenses actually 



20 SYLLABI OF OPINIONS 

incurred, and the county board has no authority to allow the 
superintendent three hundred dollars a year in monthly in- 
stallments of twenty-five dollars each. 
7630-1 620. July 19, 1915. Where under authority of Section 

5649"2 7630-1, G. C, bonds are issued by a board of education for 

5649 -Sb the purpose of constructing a new school building, in com- 
pliance with the order of the state inspector of workshops 
and factories, and thereafter a sinking fund levy cannot be 
made for the purpose of paying the interest on said bonds 
and retiring the same at maturity without exceeding the 
fifteen mill limitation provided by law, said board of educa- 
tion may make said levy under authority of said Section 
7630-1, G. C, and Section 5649-4, G. C., irrespective of the 
limits provided by Sections 5649-2 to 5649-5b, G. C., and re- 
ferred to in said Section 5649-4, G. C. 
5649-3b ^21. July 19, 1915. House Bill No. 342, passed April 

27, 1915 and filed in the office of the Secretary of State 
April 30, 1915, if no petition for referendum is filed thereon 
prior to July 30, 1915, will go into effect on that date. Said 
bill amends Section 5649-3b, G. C. In other respects the 
laws governing Budget Commissioners remain the same. 
Under said bill the Budget Commissioners will consist of 
the County Auditor, County Treasurer and Prosecuting At- 
torney. 
(3281) 631. July 20, 1915. Township trustees may not sell or 

lease township property by private arrangement, but must 
dispose of such property, if at all, at public auction. 

A board of education may lease a site for a High 
School building. 
(^(549.1 638. July 22, 1915. Where a board of education, prior 

-filq ^ *^° '•^^ ^^^^ Monday in June, legally authorizes an issue of 

5649-3C bonds and includes in its annual budget submitted to the 
county auditor on the first Monday of June a levy for in- 
terest and sinking fund purposes in connection with such 
authorized bond issue, it is the duty of the budget com- 
missioners to allow such levy, although the bonds had not 
been issued when the budget was submitted, and the rule is 
the same even where such bonds have not yet been issued at 
the time final consideration is given to the budget by the 
county budget commissioners. 
7730 642. July 23, 1915. Under the provisions of Section 

7730, G. C, as amended by Senate Bill No. 282, effective 
July 27, 1915, it is discretionary with the county board of 
education whether a school shall be suspended when the 
average daily attendance falls below ten. 



5653 



OF THE ATTORNEY GENERAL. 21 

650. July 26, 1915. Under Section 4738, G. C, as 4738 
amended, 106, O. L., 396, the county board of education will 
be without authority to create a supervision district in which 
less than thirty teachers are employed. 

654. July 27, 1915. Section 5653, G. C., as amended, 
104 O. L., 145, is mandatory and exclusive with respect to the 
transfer of the surplus found at the June session in the dog 
tax fund. Such surplus or part thereof may be transferred 
by the commissioners and paid to a society for the preven- 
tion of cruelty to children and animals, if deemed neccessary 
for the uses and purposes of such society; any part of such 
surplus not so transferred must be transferred to the board 
of education fund as therein provided. 

656. July 27, 1915. Section 4782, G. C, as amended, 4782 
104 O. L., 159, requiring the board of education of a school 4763 
district, when a depository has been provided for its school 
moneys, to dispense with a treasurer of such moneys, is 
directory only. There can be no such treasurer, however, in 
a district in which there is no depository nor after the first 
organization of a board of education, under the amendments 
to the school code. [This "first organization" has already 
taken place; there can now be no treasurer except in case 
of emergency — when there is temporarily no depository; 
otherwise the clerk shall perform the duties of treasurer.] 

663. July 29, 1915. Where the board of education of a [4723, r 
township school district to which territory in another town- Pg^ji'*^ 
ship and belonging to a joint sub-district was attached, by 7734 
virtue of Section 4723, G. C., now repealed, failed to file a 
map of such attached territory as required by Section 4724, 
G. C, now repealed, such board of education cannot recover 
from the board of education actually receiving the school 
tax from such attached territory, either such tax or the 
tax the first named board might have received had it filed the 
proper map, or the actual expense of furnishing school 
facilities to the youth of the attached territory. 

675. August 2, 1915. The board of education of a 7750 
school district, which does not maintain a high school and ^[^^S 
which has not entered into an agreement with any other 
board or boards of education for the furnishing of high 
school facilities to the pupils residing in said district, and 
entitled to high school facilities, cannot be charged with the 
payment of the tuition of such pupils unless the notice in 
writing required by the provision of Section 7750, G. C., be 
filed with the clerk of said board of education not less than 
five days previous to the beginning of the high school at- 



22 SYLLABI OF OPINIONS 

tendance of such pupils, setting forth the name of the 
school to be attended and the date the attendance is to begin. 

7811 679. August 4, 1915. Under the provisions of Section 

7811, G. C, as amended in 104 O. L., 102, the membership of 
the county board of school examiners is limited to the super- 
intendent of the schools of the county district, one district 
superintendent, and one teacher, other than a district superin- 
tendent, having the qualifications prescribed by said Section 
7811, G. C, as amended. 

4^39 680. August 4, 1915. A contract of employment of a 

4738 district superintendent under authority of Section 4739, G. C., 

as amended in 104 O. L., 140, entered into on or after May 27, 
1915, the date of the passage by the General Assembly of 
Amended Senate BillNo. 282, amended Section 4738, G. C, 
as amended in 104 O. L., 140, is made in contemplation of 
the probable going into effect of said amended Senate Bill 
and the carrying out of its requirement that the county 
board of education shall re-district the county school district 
for district supervision purposes into districts containing 
not less than thirty teachers, and the obligation of such con- 
tract would not be impaired by the action of the county 
board of education as required by the provision of said 
amended statute, even though such action might result in 
materially changing the duties of the district superintendent 
or in abolishing his district and position. 

7734 742. August 19, 1915. The board of education of a 

7682 school district may lawfully contract with the board of edu- 

cation of another school district for the admission of its 
pupils into one or more of the schools of such other district 
and the amount of tuition for such attendance may be fixed 
by the terms of said contract. 

4748 746. August 19, 1915. Under the provision of Section 

4748, G. C., a person elected by the board of education of a 
school district to fill a vacancy caused by the resignation of 
a member of such board, holds office for the unexpired term 
for which the member so resigning was elected, and until 
his successor is elected and qualified. 

7g7Q 749. August 20, 1915. A district superintendent is not 

entitled to pay for attending a teachers' institute under 
authority of Section 7870, G. C., as amended in 104 O. L., 157. 

4734 750. August 20, 1915. A member of a county board of 

education is entitled to reimbursement for the actual and 
necessary expense incurred by him in operating an auto- 
mobile owned by him while used as a means of conveyance 
in attending a meeting of said board, 



OF THE ATTORNEY GENERAL. 23 

751. August 21, 1915. The educational qualifications [1321-1] 
prescribed by Section 1321-1 G. C. should not be exacted 
as a condition of matriculation in a dental college. Such 
qualifications apply only to applicants for license to practice 
dentistry. 

769. August 26, 1915. The certificate required to be 9922 
filed in the office of the Secretary of State under provision 
of Section 9922, G. C., should contain a schedule of the kind 
and value of the property owned by the institution mentioned 
in said section and the statement of the value of said prop- 
erty should be verified by the oath of the trustees of said 
institution. 

779. August 28, 1915. Section 7629, G. C, was not 7629 
repealed by implication by the enactment of Section 5649-2 
to 5649-5b, G. C., and the board of education of a school 
district may issue bonds under authority of said Section 
7629, G. C., for the purposes therein set forth, subject to the 
limitations provided in said section and subject also to the 
limitations provided by Section 5649-2 to Section 5649-5b, 
G. C. 

781. August 28, 1915. A board of education cannot 7504 
delegate to a committee not composed of its own members, ^605 
power to make a contract with a bank for the deposit of 4784 
school funds. A depository contract must be made by board 
when in session. Bonds can be deposited as collateral 
security for public funds held by such bank under depository 
contract. When bank fails, proceeds from sale of bonds 
held as security from depository contract can be used to 
make good amount on deposit at time the bank closed its 
doors without consent of officers in charge of liquidation. 
Method of proving security. 

790. September 2, 1915. Upon the filing of a petition 4726 
of at least forty per cent, of the electors of a school district, 
asking for a re-submission of the question of centralizing 
the schools of said district, the board of education of said 
district, acting under authority of Section 4726, G. C, as 
amended in 104 O. L., 139, may, by resolution, determine to 
re-submit said proposition to a vote of said electors, at a 
special election called for that purpose, and in said resolu- 
tion fix the time for holding said special election. 

The question of issuing bonds for the purpose of 7525 
erecting a suitable school building, purchasing a site, etc., 
having been submitted to a vote of the electors of said dis- 
trict by the board of education of said district, under 
authority and in compliance with the provisions of Section 



7604 
7605 
7607 



24 SYLLABI OF OPINIONS 

7625, G. C, at the same time that the question of centraliza- 
tion was first submitted, and a majority of said electors, 
voting on said proposition, having voted in favor of said 
bond issue, it will not be necessary to re-submit this question 
to a vote of said electors. 

793. September 2, 1915. Under the provisions of 
Section 7604, G. C., as amended in 106 O. L., 328, it will be 
the duty of the board of education of a school district, 
which prior to May 15, 1915, made a contract for the deposit 
of its funds, which contract by its terms will not expire 
until July 1, 1916, to let a new contract for the deposit of 
said funds within thirty days after the first Monday in 
January, 1916, to commence with the date of the expiration 
of the existing contract and to expire within thirty days 
from the first Monday in January, 1918. 

Where a contract was made subsequent to said date 
of May 15, 1915, and prior to August 26, 1915, for a term of 
two years, the provisions of said amended section will ter- 
minate said contract within said thirty-day. period and require 
the letting of a new contract in compliance with said pro- 
visions. 

The board of education of a school district may, under 
authority of said Section 7604, G. C., as amended and now 
in force, let a contract for the deposit of its funds, which 
contract, by its terms, shall expire within thirty days after 
the first Monday in January, 1918. 
^ggg 799. September 7, 1915. If the board of education of 

7595-1 a school district complies with all the requirements of the 

statutes governing state aid, said district will not be debarred 
from receiving such aid because of the fact that the board 
of education of such district has contracted to pay certain 
teachers a greater salary than that required by the pro- 
visions of Section 7595-1, G. C., as amended 106 O. L., 430. 

Under the provisions of Section 7730, G. C., as amended 
in 106 O. L., 398, when the average daily attendance of any 
school in a county district for the preceding year was below 
ten, the board of education of such county district is author- 
ized to direct the local board of education to suspend said 
school and transfer the pupils to another school or schools. 
It is the duty of such local board to comply with the 
order of said county board directing such suspension and 
transfer and to post the notices required by the provisions 
of said Section 7730, G. C., as amended. 

The local board of education is the "suspending author- 



7730 



OF THE ATTORNEY GENERAL. 25 

ity" referred to in the latter part of said Section 7730, G. C, 
as amended. 

800. September 8, 1915. Under Section 1261-34, G. C. 11261-34] 
(Greenlund Act), the street or streets upon which the school 
premises abut are made the straight line upon which the 
respective distances of 200 feet and 300 feet in any direction 

shall be measured. 

Said section does not authorize measuring part of the 
distance along one street and the balance of the distance 
along a separate and distinct intersecting street. 

The fact that the street upon which the school premises 
abut is curved or broken is immaterial. 

801. September 8, 1915. The word "brother" as used 12932 
in Section 12932, G. C, does not include the relation of P- ^^^ 
brother-in-law. 

802. September 8, 1915. The office of president of the 4747 
board of education of a township rural school district is not 
incompatible with the office of township treasurer. 

803. September 8, 1916. A school district will not be 7595-1 
debarred from receiving state aid because of the fact that 

the board of education of said district has employed teachers 
at salaries in excess of those required by the provisions of 
Section 7595-1, G. C, as amended 106 O. L., 430, provided, 
however, that the average of salaries paid by said board of 
education to the high school teachers of said district is not 
more than seventy dollars per month. 

It is not necessary for a board of education, in making 7595 
application for state aid, to show the exact amount which 
each high school teacher employed by said board is entitled 
to receive according to the terms of his contract of employ- 
ment. If said application shows the number of high school 
teachers employed, the number of months for which they 
are employed, and the total amount of the salaries which 
said high school teachers will be entitled to receive under 
the terms of their contract of employment, the state auditor 
will be able to determine whether said board of education 
has complied with the above provisions of Section 7595-1, 
G. C., as amended, governing salaries paid to high school 
teachers. 

827. September 15, 1915. 

Where the resolution of a county board of education 
was passed prior to August 26, 1915, the date when section 
7730, G. C., as amended became effective, but subsequent 
to the date of the passage of the act of the General Assembly 
amending said section, which resolution directs that certain 
*3 



7730 



26 SYLLABI OF OPINIONS 

schools shall be suspended and that the suspension shall be 
carried into effect after said amendment shall become effec- 
tive, such action of the county board taken in connection 
with the action of the local boards suspending said schools 
in the manner required by said Section 7730, G. C, as 
amended, is a substantial compliance with the requirements 
of said amended section and such proceedings are legal. 

Under provision of Section 7730, G. C., as amended, 
any suspended school may be re-established in the manner 
provided in said section whenever the number of pupils, 
who under the provisions of Section 7681, G. C, as amended 
in 106 O. L., 489, are qualified to attend the school in the 
suspended district when the same is re-established and who 
are enrolled in another school or schools to which they 
have been transferred by order of the board of education, 
is twelve or more. 

The local board of education may take the necessary 
steps to re-establish a suspended school as required by pro- 
vision of said Section 7730, G. C., as amended, at any time 
the school enrollment of said suspended district shows the 
required number of pupils. 
7811 835. September 18, 1915. A person appointed by a 

county board of education as county school examiner under 
authority of Section 7811, G. C, as amended in 104 O. L., 
102, may not continue to serve as such school examiner after 
having withdrawn from public school work as a district 
superintendent or as a teacher. 
7747 836. September 18, 1915. The right of pupils, having 

7655-7 '•'^^ qualifications as to residence and training necessary to 

admit them to a high school, to have their tuition paid by 
the board of education of the school district in which they 
reside and which maintains no high school, should not be 
denied because of the failure of the district and county 
superintendents to properly certify them for promotion. 
4761 839. September 20, 1915. Where the solicitor of a city 

0^^203 represents such city in an action in which said city is 

plaintiff and the board of education of the city school district 
is one of the defendants, said solicitor cannot represent said 
board of education for the reason that the interest of said 
city is adverse to that of said board of education and said 
board may employ counsel to defend it in said action, pro- 
vided that before adopting a resolution employing such 
counsel and authorizing payment for services rendered there 
is filed with said board by the clerk thereof a certificate of 
available funds as required by Section 5660, G. C. 



OF THE ATTORNEY GENERAL. [ 27 

856. September 22, 1915. 1. Appropriation made by 
the General Assembly of this state for its educational in- 
stitutions may not be used by said institutions for any pur- 
pose other than that for which said appropriations are made. 

2. Students from other states attending such institu- 
tions for educational purposes only and having no habitation 
within this state other than such institutions which they 
are attending, and whose parents or families reside in an- 
other state, are not entitled to exercise the elective fran- 
chise nor to receive free scholarships limited by law to resi- 
dents of this state. 

890. October 5, 1915. It is the duty of prosecuting 7631 ' 

attorneys to prepare bond issues and transcripts for boards 
of education of which they are legal advisers. 

893. October 5, 1915. The board' of education of a 7692 
school district may, under authority of Section 7692, G. C, 
as amended 103 O. L., 897, appoint a school physician to 
perform the duties required by the provisions of Section 
7692-1, G.- C., 103 O.- L., 897, and in its discretion said board 
may employ a trained nurse to aid in the performance of 
said duties, or said board may delegate said duties to the 
board of health or officer performing the functions of a 
board of health in said district, providing said board or 
officer is willing to assume the same, together with the power 
to appoint said school physician and employ said trained 
nurse if said board or officer determine that the same is 
necessary for the proper discharge of the aforesaid duties. 

898. October 6, 1915. The educational qualifications of [i32l-l] 
applicants for a license to practice dentistry in this state, lJ324] 
as provided by Section 1321-1, G. C., 106 O. L., 298, enter 
into and become a part of the requirements specified in 
Section 1324, G. C. Whether or not such qualifications in 
other states are equal to those in this state becomes a ques- 
tion of fact to be determined by the reference to the laws 
in each state involved or to the rules established by the 
dental board of said state. 

902. October 8, 1915. The phrase "as herein provided" 7730 
as used in Section 7730, G. C., as amended in 106 O. L., 398, 
modifies the word "suspended" and relates to the authority 
of the board of education of a rural or village school dis- 
trict to suspend any or all of the schools of its district as 
well as to the duty of said board to suspend a school where 
the average daily attendance of the preceding year was below 
ten, when directed to do so by the county board of education. 



28 SYLLABI OF OPINIONS 

The latter provision of said statute is directory rather 
than mandatory and a board of education cannot be com- 
pelled, upon the filing of the petition as therein provided, to 
take the necessary steps to re-establish a suspended school 
if said board finds that the suspended district contains the 
required number of pupils of lawful school age. 

7g44 Insofar as rural school districts are concerned, the 

7646 term "suspended district" as used in said statute relates to a 

subdivision of the rural school district which, having been 
established by the board of education of such rural district 
under authority of Sections 7644 and 7646, G. C, has been 
suspended by said board of education. 

4696 903. October 8, 1915. The provision of Section 4696, 

G. C, as amended in 106 O. L., 397, that "if at least seventy- 
five per cent, of the electors of the territory petition for such 
transfer, the county board of education shall make such 
transfer" is directory. 

•7739 904. October 8, 1915. A board of education, in making 

7713 changes in text-books for use in the public schools of its 

district, has no authority in law to pay the exchange price 
between the old and new books from its contingent fund, 
the ownership of the newly adopted books remaining with 
the pupils. 

4740 913. October 12, 1915. 1. The only union of school 

districts which may be continued as a separate district for 
supervision purposes under authority of Section 4740, G. C., 
as amended in 106 O. L., 439, is that union of districts which, 
prior to the repeal of Section 7705, G. C., by the act of the 
General Assembly passed in 1914, were united for high 
school purposes and employed a superintendent and which 
now maintains a first grade high school. 

4739 2. Whenever for any cause a district superintendent 

has not been appointed by September 1st in the manner pro- 
vided by Section 4730, G. C, as amended in 104 O. L., 140, 
the county board of education, acting under authority of 
Section 4741, G. C., as amended in 104 O. L., 141, shall 
appoint such superintendent for a term of one year. 

4692 919. October 13, 1915. In transferring territory from 

one school district to another within the county school dis- 
trict, under authority of Section 4692, G. C., as amended in 
106 O. L., 397, it is the duty of the county board of educa- 
tion at the time of making said transfer to make an equitable 
division of the indebtedness of the school district from 
which said territory is transferred, and that part of said 
indebtedness which said board, in the exercise of its dis- 



4741 
4742 



OF THE ATTORNEY GENERAL. 29 

cretion, determines shall be assumed by the school district 
,to which said territory is transferred, will become an in- 
debtedness of the entire district as reformed and not merely 
an. indebtedness of the territory transferred thereto. 

In case the school district to which said territory is 7625 
transferred votes in favor of a bond issue under authority 
of Section 7625, G. C, for the purpose therein mentioned, 
and said territory is thereafter transferred by the county 
board of education to said school district, said territory will 
be liable for its share of the bonded indebtedness so created. 

925. October 14, 1915. Under the provisions of Section 4726 
4726, G. C., as amended in 104 O. L., 139, and Section 4726-1, WH''^ 
G. C, as found in 106 O. L., 442, school districts located in a 
township, may, by resolution passed by each of said boards, 
determine to submit to the electors of said school districts 

the question of centralizing the schools of said districts, and 
in said resolution determine whether said' question shall be 
submitted at the general election or at .a special election 
called for that purpose. Pursuant to said resolution the 
clerks of said boards of education, acting under authority 
and in compliance with the requirements of Section 4839, 
G. C., may publish in their respective districts a notice which 
shall specify the time and place of holding said election and 
the nature of the question to be voted upon. 

926. October 14, 1915. [The substance of this opinion 4692 
is that under the law passed in 1914, at which time Section 
4692 provided for a transfer of territory from one county 
school district to another county school district and the equit- 
able division of the funds under that section should have 
been agreed upon by the county boards of education in- 
volved. This is now definitely provided for by Section 4696.] 

961. October 22, 1915. Where the average daily attend- 7730 
ance of a school in a rural school district was below ten for ^733 
the preceding year and said school has been suspended by 
the board of education of said rural school district on the 
order of the board of education of the county school district 
directing such suspension and the pupils of said suspended 
district have been assigned to another school in the same 
rural district or to a public school in another district, it is 
the duty of said local board of education, under the provision 
of Section 7731, G. C, as amended in 104 O. L., 140, to pro- 
vide transportation for those pupils only, residing in said sus- 
pended district, who live more than two miles from the 
school to which they are assigned. 



30 SYLLABI OF OPINIONS 

7620 962. October 22, 1915. A school house erected by a 

board of education upon leased land is within the rule of 
law which controls as to trade fixtures and may be removed 
by said board before the expiration of its lease. Witten- 
meyer v. The Board of Education of Brooklyn, O. 10 C. C, 
119. 
7718 963. October 23, 1915. A principal or teacher in a pub- 

lic school is employed within the meaning of the provision of 
Section 7718, G. C, from the date of his acceptance of his 
appointment by the board of education of the school district 
and for the full term for which such appointment is made. 
7763 965. October 23, 1915. Case of boy between age of 

12977 fourteen and fifteen years who has passed the fifth grade, 

p. 288 and who neglects to attend school but instead thereof assists 

his father on the farm, should be disposed of under provi- 
sions of Section 7773, G. C., as amended, 104 O. L., 233. A 
case of the kind .under consideration should only be taken 
into the courts as a last resort. 
7684 974. October 27, 1915. Under the provisions of Sec- 

7731 '^'°" 7684, G. C, taken in connection with the provisions of 

7735 Sections 7644 and 7646, G. C., the board of education of a 

rural school district has authority, in the exercise of its dis- 
cretion, to transfer all the pupils in any grade from one sub- 
district school to an adjoining subdistrict school within said 
rural district by giving sufficient notice to said pupils of 
such assignment, subject, however, to the provision of the 
first part of Section 7731, G. C, and to the further provisions 
of Section 7735, G. C. If, however, said board of education, 
acting under authority of Section 7731, G. C., provides trans- 
portation for all of the pupils affected by such order of 
assignment, said pupils may not exercise the right conferred 
by the provisions of Section 7735 G. C. 
7844 Where the board of education of a rural school district 

7735 assigns the pupils of the eighth grade in one school to the 

same grade in an adjoining school within said rural school 
district the pupils of said grade, living more than one and 
one-half miles from the school to which they are assigned, 
have not the right to demand that such grade be maintained 
in the school nearer to them in their own subdistrict but 
said pupils may exercise the right conferred by the provisions 
of Section 7735, G. C., unless transportation be provided by 
the board of education to the school to which said pupils 
have been assigned. 
773X If any of the pupils of said grade live more than two 

miles from the school to which they are assigned, Section 



OF THE ATTORNEY GENERAL. 3 1 

7731, G. C, makes it mandatory on said board of education 
to furnish transportation for such pupils. 

If transportation is provided for the pupils of said 7646 
grade said pupils may not demand that said grade be main- 
tained in the school in the subdistrict in which they reside. 

The provisions of Section 7731-1, G. C., as found in 106 7731-1 
O. L., 496, do not repeal by implication the provision of Sec- 
tion 7731, G. C., as amended in 104 O. L., 140, which requires 
that where transportation is provided the conveyance must 
pass within one-half mile of the respective residences of all 
pupils, except when such residences are situated more than 
one-half mile from the public road. 

975. October 27, 1915. A county board of education 4744-3 
has no authority in law to levy a tax for any purpose and ^^^^ 
may not, therefore, borrow money under Section 5656, G. 
C., for the purpose of paying for the transportation of pupils, 
furnished by said county board under provision of the latter 
part of Section 7731, G. C., as amended in 104 O. L., 140. 

1004. November 10, 1915. The county board of educa- 4744-3 
tion is without authority in law to purchase supplies, includ- 
ing a moving picture machine, for the purpose of aiding the 
county superintendent in his official supervisory work and 
pay for the same out of the "county board of education 
fund." 

1009. November 11, 1915. Ballots for members of 5111 
township rural district boards of education upon which the 
judges of elections are unable to agree as to how they 
should be counted should be sealed in an envelope for that 
purpose and returned with the returns of the election to the 
clerk of the board of education of the district for which 
such election is held. 

The board of education of the district in canvassing the 
returns and determining the result of such election should 
open and count such ballots if the choice of the voter can 
be determined therefrom and preserve the same for further 
judicial or other investigation. If it is impossible for the 
board of education to determine the choice of the voter from 
the ballot the result of the election should then be deter- 
mined exclusive of such ballots and the same preserved in 
like manner, 

1012. November 12, 1915. Boys over the age of fifteen 12993 
years and under the age of sixteen years may be employed 
in the transmission of messages, provided an age and school- 
ing certificate be secured as required under the provisions 
of section 12994, G. C., amended, 103 O. L., 907. 



12994 



32 



SYLLABI OF OPINIONS 



Girls under the' age of twenty-one may not be em- 
ployed in the transmission of messages. 

4747 1025. November 16, 1915. A teacher may not, while 

employed by the board of education of a school district, 
as a teacher in the schools of said district, be elected to the 
position of clerk of said board. 

4740 . 1031. November 17, 1915. Where the board of educa- 

tion of a village school district in July, 1915, certified to the 
board of education of the county school district in which 
said village school district is located, that said village school 
district maintains a first grade high school and employs a 
superintendent, and made application in writing to said 
county board to be exempt from district supervision and to 
have said village school district continue as a separate dis- 
trict under the direct supervision of the county superintend- 
ent, such action was in substantial compliance with the re- 
quirements of Section 4740, G. C., as amended in 106 O. L., 
439, and the county board cannot require said board of edu- 
cation of said village school district to pay a proportionate 
share of the salary of the superintendent of the supervision 
district which said county board attempted to establish by 
its action in June, 1915, redistricting the schools of said 
county school district under authority and in compliance with 
the requirements of Section 4738, G. C.. as amended in 104 
O. L., 140, and which was intended to include said village 
school district. 

4692 1034. November 17, 1915. The phrase "qualified elect- 

ors" as found in that part of Section 4692, G. C., as amended 
in 106 O. L., 397, relating to the filing of a remonstrance 
• against the transfer of territory by the board of education of 
the county school district, does not include women. 

The county board of education may, under authority 
and in compliance with all the requirements of said Section 
4692, G. C., as amended, transfer a part or all of a school 
district of the county school district to an adjoining district 
or districts of such county school district. 

7648 1037. November 19, 1915. The board of education of a 

''^^ rural school district, which maintains a school in which a 

course of study equivalent to the work in the first year of a 
high school is offered, may, under provision of Section 7747, 
G. C, as amended 104 O. L., 125, be required to pay the 
tuition of a pupil residing in said district who attends a high 
school maintained by the board of education of an adjoining 
school district, and who, having completed the course pre- 



OF THE ATTORNEY GENERAL. 33 

scribed for the first year in said high school, has been certi- 
fied as eligible for the second year's work. 

1054. November 30, 1915. The board of education of a 7747 
village school district which is subject to both district and i^^^S 
county supervision, and which maintains no high school, and 
which makes no provision for the schooling of its high 
school pupils in the manner authorized by the first part of 
Section 7750, G. C, may be required to pay the tuition of 
said pupils, residing in said district, who are eligible for 
admission to and are attending high school in another district. 

In case the board of education of said village school 7750 
district has made the agreement authorized by the first part 
of said statute, any pupil residing in said district, and eligible 
for admission to high school, and living at a distance of three 
or four miles from the high school designated in said agree- 
ment, will still have the right, under the provision of said 
statute, to select a high school other than the one designated 
by said board of education, and to have his tuition paid by 
said board. 

Under provision of Section 7748, G. C., as amended in 7748 
104 O. L.. 126, the board of education of a village school 
district which is subject to both district and county super- 
vision, and which maintains a third grade high school, may 
be compelled to pay the tuition of graduates 'from such high 
school, residing in the district, at a first grade high school 
for two years. 

[This section provides further that "should pupils re- 
siding in the district prefer not to attend such third grade 
high school the board * * * shall be required to pay the 
tuition of such pupils at any first grade high school for four 
years," etc. Section 7749 makes an exception to this in the 
case of a district maintaining centralized schools and pro- 
viding transportation.] 

The board of education of a village school district 
which is subject to both district and county supervision, 
and which maintains a second grade high school, may be 
compelled to pay the tuition of graduates from such high 
school, residing in the district, at a first grade high school 
for one year. 

1059. November 30, 1915. The library fund of a school 7632 
district follows the school funds of such district into the '^604 
depositary provided for said funds by the board of educa- 
tion of said district, under the authority of Section 7604, 
et seq., G. C. 



34 SYLLABI OF OPINIONS 

4782 In a city school district where the board of education 

'* has not as yet provided a depositary for the school funds or 

where the board of education has provided such depositary 
but has not yet dispensed with the position of treasurer of 
said funds, under authority of Section 4782, G. C, as 
amended 104 O. L., 138, the city treasurer, being treasurer 
of the funds of such school district, under the provisions of 
Section 4763, G. C, is treasurer of the library fund of said 
school district. 

4782 Where the board of education of a city school district 

has provided a depositary for the funds of such district and 
has dispensed with the position of treasurer of said funds, 
under authority of said Section 4782, G. C, the clerk of said 
board, having succeeded to the duties of treasurer of said 
funds, under provision of the latter part of said Section 
4782, G. C, is treasurer of the library fund of said district. 

4763 In a village or rural school district where the board 

of education has not provided a depositary for school funds, 
the county treasurer, being treasurer of the funds of such 
school district, under provision of the latter part of said 
Section 4763, G. C, is treasurer of the library fund of said 
school district. 

4782 Where the board of education of a village or rural 

school district has provided a depositary for the funds of 
said district and has dispensed with the position of treas- 
urer of said funds, under authority of said Section 4782, 
G. C., the clerk of said school district, having succeeded to 
the duties of treasurer of said funds under the provision of 
the latter part of said Section 4782, G. C, is treasurer of 
the library fund of said district. 

[See Section 7609 for the penalty for failure to pro- 
vide a depositary.] 

4712 1082. December 9, 1915. The office of township trustee 

and member of the board of education in and for the same 
township are incompatible in that they may be and fre- 
quently are adverse in the matter of the levying and adjust- 
ment of tax rates as provided by Sections 5649-3a, 5649-3b, 
as amended 106 O. L., 180, and 5649-3c, G. C. 

1104. December 16, 1915. The provision of the first 

7731 part of Section 7731 G. C. as amended in 104 O. L.. 140, 

taken in connection with the provisions of Section 7646, G. 
C, as amended in 104 O. L., 228, makes it the duty of the 
board of education of a rural school district to provide 
transportation for those pupils residing in that part of said 
rural district formerly known as a subdistrict of said rural 



5032 



7646 



OF THE ATTORNEY GENERAL. 35 

school district, and living more than two miles from the 
school maintained by said board of education in said part of 
said rural school district. 

1132. December 31, 1915. In creating a new school 4736 
district under authority of the latter part of Section 4736 

G. C, as amended in 106 O. L., 897, the county board of 
education is required, as a condition precedent to the exercise 
of such authority, to give written notice to the boards of 
education of the districts to be afifected by the transfer of 
territory, as required by provision of the first part of said 
section. 

Under provision of the first part of said Section 4736 4736 
G. C, as amended, taken in connection with the provisions '*^^^ 
of Section 4692 G. C, as amended in 106 O. L., 397, said 
transfer of territory will not take effect until a map is 
filed with the auditor of the county in which the territory 
to be transferred is situated, showing the boundaries of the 
territory to be transferred, and until a notice of such pro- 
posed transfer has been posted in three conspicuous places 
in the district or districts proposed to be transferred, or 
printed in a paper of general circulation in said county for 
ten days, and such transfer shall not take effect if a majority 
of the qualified electors residing in the territory to be trans- 
ferred, shall within thirty days after the filing of such map, 
file with the county board of education a written remon- 
strance against such proposed transfer. 

1133. December 31, 1915. A non-resident of a school 4747 
district may not hold the office of clerk of the board of edu- 
cation of said district. 

1134. December 31, 1915. The superintendent of a 'jgn 
county school district as a member of the county board of '^^12 
school examiners may not teach in, be connected with or be- 
come financially interested in a summer school or any school 
which is not supported wholly or in part by the state. 

1135. December 31, 1915. A county board of education 4692 
acting under authority of Section 4692, G. C, as amended 

in 106 O. L., 397, and in compliance with its requirements, 
may transfer a part or all of a school district of the county 
school district to an adjoining district of districts of said 
county school district, and this may be done regardless of the 
fact that at an election held prior to the time of such trans- 
fer the electors of the district to which such territory is 
transferred, voted in favor of centralization. 

If the electors of a school district vote in favor of a 7625 
bond issue under authority of Section 7625 G. C., and for 



4708 



36 SYLLABI OF OPINIONS 

■ the purposes therein mentioned, and thereafter the county 
board of education transfers a part or all of another school 
district to such district, upon said transfer being effected, 
aaid territory thus transferred will become a part of said 
district for all school purposes and will therefore be liable 
for its share of the bonded indebtedness so created. [Read 
in connection with this opinion No. 1299.] 

1137. December 31, 1915. Tlie treasurer of a county 
may not act as a member of the board of education of a 
village school district located in such county. 
4Y47 1150. January 6, 1916. The clerk of a board of edu- 

4764 cation elected by said board at its meeting on the first Mon- 

day in January, under authority of Section 4747 G. C, as 
amended in 104 O. L., 133, is required, before entering upon 
the duties of his office, to give one bond in an amount and 
with surety to be approved by said board, payable to the 
state, conditioned for the faithful performance of all the 
official duties required of him. The board of education in 
fixing the amount of said bond should take into considera- 
tion the added duties which the clerk is required to perform 
under provision of the latter part of Section 4782 G. C, as 
amended 104 O. L., 158. 

1162. January 11, 1916. If the board of education of a 
township rural school district, in consolidating the schools 
of such district at two points within the township, finds that 
the most convenient location for one of the buildings is 
within the limits of a village school district located within 
said township, said board of education may, under authority 
of Section 4749 G. C, own school property within the limits 
of said village school district for the purpose of operating 
one of its schools under said plan of consolidation. 

1200. January 24, 1916. The board of education of a 
4648 school distrist is without authority in law : 

1. To send a teacher under the employ of said board 
to a continuation school or to a university and pay a part or 
all of said teacher's salary and expenses while attending said 
continuation school or university. 

2. To send said teacher into the school of another 
state or country in exchange for the services of a teacher 
to be sent into said district from such oiher state or country. 

3. To make an allowance to a teacher, in addition 
to salary, for successfully maintaining a school children's 
savings bank. 

The board of education of a city school district may 
establish and maintain an elementary school in the general 



4749 



7690 



OF THE ATTORNEY GENERAL. 37 

city hospital and contract with a teacher to give instructions 
in the branches mentioned in Section 7648, G. C. to children 
who are residents of said city district and who are confined 
in said hospital. 

1209. January 28, 1916. A board of education may ad- 7623 
vertise for bids for heating and ventilating a school build- 
ing under such general specifications as to permit bids being 
offered for the installation of any system of heating and 
ventilating, which system may be determined by the board 
after the bids are openetd. 

1215. January 29, 1916. Pupils who have resided in a 7748 
township rural school district maintaining a second grade 
high school and who have chosen to attend a first grade 
high school in another district for the first three years of 
the high school course rather than to attend the second 
grade high school in the district in which they reside and 
who are not graduates of said second grade high school, 
are not entitled to have their tuition paid for the fourth 
year of their attendance at said first grade high school by 
the board of education of said rural school district main- 
taining said second grade high school. 

1265. February 14, 1916. In a city school district in 4782 
which a school teachers' pension fund has been established 
and in which the board of education has not provided a 
depository for the school funds, or having provided a de- 
pository, has not dispensed with the treasurer of said funds 
under authority of said Section 4782 G. C., as amended in 
104 O. L., 158, the city treasurer, being ex officio treasurer 
of the city school district, is treasurer of the school teach- 
ers' pension fund under provision of Section 7889 G. C. 

In a village or rural school district in which a teach- 
ers' pension fund has been established and in which the 
board of education has not provided a depository for the 
funds of said district in the manner provided by law and 
has not dispensed with the treasurer of said funds under 
authority of said Section 4782 G. C., as amended, the county 
treasurer, being ex officio treasurer of the school funds of 
said district, is treasurer of the school teachers' pension fund 
under authority of said Section 7889 G. C. 

In a school district in which a school teachers' pension 7339 
fund has been established and is being maintained, and in 
which the board of education has provided a depository for 
the school funds in the manner authorized by law and has 
dispensed with the treasurer of said funds under authority 



38 SYLLABI OF OPINIONS 

of said Section 4782 G. C, the clerk of said board, who is 
now performing all the services and discharging all the 
duties and who is subject to all the obligations required by 
law of the treasurer of such school district, is treasurer of 
said school teachers' pension fund under provision of said 
Section 7889 G. C. 

4729 1266. February 14, 1916. Under provision of Section 

4729 G. C., as amended in 104 O. L., 136, the members of 
the county board of education elected on the second Satur- 
day in June, 1914, for the terms of one, two, three, four and 
five years respectively, will hold office until the third Sat- 
urday in January of the respective years 1916, 1917, 1918, 
1919 and 1920, and until their respective successors are duly 
elected and qualified. 

47«8 1283. February 21, 1916. Under the provisions of Sec- 

tion 7763 G. C, as amended in 104 O. L. 232, the authority 
to excuse a child, within the age limit prescribed by said 
section, from attendance at a public school in the rural dis- 
trict in which such child resides, is vested in the district 
superintendent in charge of such rural school district and 
this authority may only be exercised by such district super- 
intendent upon a satisfactory showing either that the bodily 
or mental condition of such child does not permit of its 
attendance at such public school or that the child is being 
instructed at home by a person qualified, in the opinion of 
such district superintendent, to teach the branches named in 
Section 7762 G. C. The clerk of the board of education of 
said rural school district has no authority under provision 
of said Section 7763 G. C., as amended, to determine the 
qualification of said person to give such instruction. 

A person teaching a child at home, under the provision 
of the latter part of said Section 7763 G. C., as amended, is 
not required to hold a teacher's certificate or college diploma. 

7781 1294. February 25, 1916. It is not legal for a board of 

education, under a contract with parents to transport their 
children to school, as provided by Section 7731 G. C., as 
amended in 104 O. L., 133, to pay said parents for trans- 
portation when the same was not furnished and said children 
were required to walk. When payments are so made, find- 
ings for recovery may be made against said parents for the 
amount so paid and if the board of education allowed the 
same with knowledge of the fact that such transportation 
was not furnished, said findings may be made jointly against 
said board and said parents. 



OF THE ATTORNEY GENERAL. 39 

1299. February 28, 1916. Where the board of educa- 4692 
tion of a county school district, acting under authority of 41^26 
Section 4692 G. C, as amended, 106 O. L., 397, transfers a 7525 
part or all of a school district of the county school district 
to an adjoining district of said county school district and 
the board of education of the local school district, as en- 
larged by said transfer of territory, acting under authority 
of Section 4726 G. C., as amended, 104 .0. L., 139, and 
Section 7625 G. C., submits to the electors of said local dis- 
trict the questions of centralizing the schools of said district 
and of issuing bonds of said district for the purposes au- 
thorized by the provisions of said Sections 4726 and 7625 G. 
C., and said local board of education, by virtue of the 
authority conferred upon it by a vote of the electors of said 
district in favor of said centralization and bond issue, pro- 
ceeds to take the necessary steps to centralize said schools, 
said county board of education and the. board of education 
of an adjoining exempted village school district, or city 
school district, or another county school district, may not, 
after said centralization proceedings have been commenced 
and before same are completed, act jointly, under provision 
of Section 4696 G. C., as amended in 106 O. L., 397, on a 
petition of the electors of said territory or part thereof, 
transferred as aforesaid, filed vi^ith said county board of 
education under provision of said Section 4696 G. C., as 
amended, and praying for the transfer of said territory, or 
part thereof, to said adjoining exempted village school dis- 
trict or city or county school district. 

1318. March 4, 1916. Prescribed form of hypotheca- 7604-7609 
tion of bonds as collateral security for the deposit of funds 
of a school district in a bank duly designated as a depository 
for such funds under provisions of section 7604 to 7609, 
inclusive, G. C. 

1321. March 6, 1916. The citations of the statutes re- 
lating to receipts and expenditures of moneys by county 
boards of education as prepared by the Bureau of Inspection 
and Supervision of Public Ofifices, together writh the rulings 
made by said Bureau in connection therewith, as set forth 
in said opinion, are in conformity v^rith opinions heretofore 
rendered by the Attorney General interpreting the provisions 
of said statutes. 

1322. March 6, 1916. The authority of the board of 
education of a county school district to transfer territory 
from one local district to another within such county school 
district is under provision of Section 4692 G. C, as amended, 
106 O. L., 397. 



4692 
4696 
4684 



40 1 "^ SYLLABI OF OPINIONS 

The term "county school district" as the same appears 
in the phrase "to anotlier county school district" it1 the pro- 
vision of Section 4696 G. C, as amended 106 O. L., 397, 
refers to a county school district as defined by Section 4684 
G. C. as amended 104 O. L., 133, and as distinguished from 
a rural or village or city school district. 

7687 1400. March 20, 1916. A teacher in the public schools 

may not, under authority of section 7687 G. C. make up for 
a day lost during the term by teaching on the 22nd day of 
February (Washington's Birthday). 

2818 1414. March 23, 1916. Where a member of the board 

of education of a rural school district, as a taxpayer, brings 
an action to enjoin another member of said board of educa- 
tion from continuing to serve as such member after his 
removal from the district, and a permanent injunction is 
granted, the claim of the attorney representing the plaintiff 
in said action, for services rendered in connection therewith, 
may not be allowed by said board of education and paid out 
of the school funds of said district. 

Yggg 1416. March 24, 1916. The boards of education of two 

4696 adjoining village school districts have no authority in law t-o 

unite said village school districts for high, school purposes, 
only. 

1410. March 24, 1016. The board of education of a 
county school district may not, under provision of Section 
4692 G. C, 106 O. L., 307, transfer territory from a rural 
school district of the county school district to an adjoining 
district or districts of said county school district after pro- 
ceedings have been commenced to centralize the schools of 
said rural sclu)ol district. ♦ 

1421. March 25, 1916. Tlie effect of the provision of 
the first part of Section 7822 G. C., 106 O. L., 840, is to 
extend the authority of and impose the duty on a county 
board of school examiners to examine an applicant without 
previous professional training and without any teaching ex- 
perience, and if said applicant complies with all the rules 
and regulations of said board applicable to applicants for a 
one-year certificate, and if upon investigation said board 
finds that said applicant is not less than eighteen years of 
age and is of good moral character and upon such examina- 
tion in the subjects prescribed by section 7830 G. C. to be 
taught in any elementary school supported wholly or in part 
by the state in any village or rural school district, said appli- 
cant makes the necessary grades required by said examining 
board for the issuance of a one-year certificate, it becomes 



4692 



7822 
7830 



OF THE ATTORNEY GENERAL. 



41 



the duty of said board of school examiners to issue a one- ■ 
year certificate to such applicant in compliance with the re- 
quirements of the statutes governing the issuance of such 
certificate. 

1434. March 28, 1916. Where a minor child of the age 
of thirteen years is taken from the care and custody of its 
parents, who are nonresidents of a school district within 
the county, by order of the Judge of the Juvenile Court of 
such county, and by the further order of said Court is placed 
under the care and control of a person who is an actual 
resident of such school district, unless otherwise ordered by 
the Court, said child becomes the ward of said person, resi- 
dent of such school district, under provision of Section 1672, 
G. C, 103 O. L. 876, and as such is entitled to attend the 
public schools of said district without charge for tuition 
under provision of Section 7681 G. C, 106, O. L. 489. 

Under the provisions of Section 1639 G. C, 104 O. L., 
176, in Hamilton County the power and jurisdiction con- 
ferred by the statutes as found in the Chapter of the Gen- 
eral Code relating to Juvenile Courts is exercised by one of 
the Judges of the Court of Common Pleas of said county 
in the division of Domestic Relations. 

1438. March 30, 1916. The filing with the board of 
education of a county school district of the remonstrance 
provided for in Section 4692, G. C. 106, O. L. 397, three 
days before the filing of the map with the county auditor, 
as therein provided, showing the boundaries of the territory 
proposed to be transferred by said county board of educa- 
tion acting under authority and in compliance with the re- 
quirements of said Section 4692 G. C, is a sufficient com- 
pliance with the provisions of said statute and is legal. 

Anyone of the electors who resides in the territory 
proposed to be transferred and who signed said remons- 
trance has the right, at any time before the expiration of 
the thirty-day period provided for in said section 4692 G. 
C, to withdraw his name from said remonstrance. 

If, upon investigation at the expiration of said thirty- 
day period, the board of education of said county school 
district finds that the number of qualified electors residing 
in the territory proposed to be transferred and remonstrat- 
ing against such proposed transfer is less than a majority 
of the qualified electors residing in such territory, and if 
said county board of education has complied with all the 
requirements of said Section 4692, G. C, the transfer of 
such territory is legally affected and becomes a part of the 



(1672) 



(1639) 



4692 



42 SYLLABI OF OPINIONS 

school district to which the same is transferred for all 
school purposes. 

46S1. 1461. April 7, 1916. Upon the incorporation of a part 

• of the territory of a township rural school district into a 

village the territory so incorporated automatically becomes a 
village school district, providing the valuation of the same 
for taxation is at least five hundred thousand dollars, under 
provision of Section 4687 G. C, 104 O. L., 134, taken in 
connection with the provisions of Section 4682 G. C., 103 O. 
L., 545. In case of such incorporation the title to school 
property held by the board of education of said rural school 
district in trust for the use and accommodation of the pupils 
of said rural district, although located within the corporate 
limits of said village, will remain in said board of education 
of said rural school district. 

4769. 1473. April 13, 1916. The term "taxation" as used in 

the first part of Section 4759 G. C. does not include the 
term "assessment," the latter term being confined to local 
impositions upon property for the payment of the cost of 
public improvements in its immediate vicinity and levied 
with reference to special benefits to the property assessed. 
Lima v. Cemetery Association. 42 O. S., 128. 

No part of the cost of the improvement of a street on 
which school property, used exclusively for public school pur- 
poses, abuts can be assessed against such property and the 
board of education of the school district in which such prop- 
erty is located is neither required nor authorized to pay any 
part of the cost of said improvement out of its contingent 
fund or to levy a tax for said purpose. 

(SSO, 1483. April 18, 1916. Where the board of e-ducation of 

a school district at the time of letting a contract for the 
construction and equipment of a school building for the 
use and accommodation of the pupils residing in said dis- 
trict, has sufficient funds available for such purpose as evi- 
denced by the certificate filed with said board by its clerk 
in compliance with the requirement of. Section 5660 G. C, 
but subsequent to the time said obligations are incurred the 
bank, located in said district duly designated by said board 
of wducation as the depositary for the school funds, is closed 
and a receiver appointed, so that said board of education is 
unable to draw on the funds deposited in said bank to pay 
said obligations as the same become due, said board of edu- 

5658. cation, by complying with the requirement of Section 5658 

G. C., i. e., by first determining by formal resolution that the 
amounts due according to the terms of the aforesaid con- 



OF THE ATTORNEY GENERAL. 43 

;tract are existing, valid and binding obligations of said 
school district, may borrow money for said purpose mider 
•authority of Section 5656 G. C. 

1496. April 19, 1916. Where a majority of the presi- 4730. 
dents of the various village and rural school districts of a 
fcounty school district were present at a meeting called by 
the county superintendent under authority of Section 4730 
■G. C, 104 O. L., 136, and held on the 14th day of January, 
1916, for the purpose of electing a successor to the member 
of the county board of education whose term, by provision 
■of Section 4729 G. C, 104 O. L., 136, expired on said date, 4729. 
and there was a failure to elect such successor owing to the 
fact that no candidate received the vote of a majority of 
the members present, v/hich under provision of said Section 
4730 G. C, is necessary to elect said successor, said presi* 
dents may be called together at any time subsequent to said 
date for the purpose of electing such successor to the mem- 
ber of the county board of education whose term of office 
expired on said date. 

If the county superintendent refuses to issue the call 
for said meeting the same may be held by a majority of the 
several presidents issuing a call for such meeting providing 
the notice in writing served upon each of the presidents of 
the various village and rural school districts above referred 
to sets forth the time when, the place where and the pur- 
pose for which said meeting is to be held. 

1541. May 5, 1916. Where a rural school district is 7669. 
•united with an adjoining village school district for high 
school purposes under provision of Section 7669 (104 O. L. 
:229) et seq. G. C, and contributes an average of $70.00 per 
month toward the salaries of the teachers in the joint high 
school established and maintained under said statutes, the 
village school district contributing an average of $10.00 a 
month toward said salaries, said rural school district is not, 
■on this account, debarred from receiving state aid, providing 
its board of education has, in all other respects, complied 
with the requirements of Section 7595 (106 O. L. 430) et 
seq. of the General Code governing the administration of the 
state aid fund. 

With the exception of the power reserved by provision 7672. 
of section 7672 G. C., to the Board of Education of each 
of the school districts comprising the union for high school 
purposes, to levy a tax and set aside the proceeds of such 
levy as a separate fund for the maintenance of said high 
school, the joint high school committee when properly 



44 SYLLABI OF OPINIONS 

elected under authority and in compliance with the require- 

7670. ment of section 7670 G. C, exercises the same powers and 

performs the same duties in connection with said high school 
as are exercised and performed by the board of education 
of a school district which maintains its own high school. 

4692. 1546. May 6, 1916. A remonstrance filed on May 3, 

1916, is within the thirty day limitation of Section 4692 
G. C, 106 O. L., 397, when the map therein referred to was 
filed on April 3, 1916. 

7881^ 1547. May 6, 1916. The term "teacher" as found in 

the chapter relating to teachers' pensions and as defined by 
section 7881 G. C. does not include a person who, prior 
to the time of the establishment of a teachers' pension fund 
by the board of education of a school district, was employed 
by said board of education as a teacher in the schools of 
said district but whose employment was terminated before 
any steps were taken by said board to establish said fund. 
1549. May 8, 1916. It does not become the mandatory 
duty of a board of education under the provisions of section 
7713 G. C., to determine or re-determine what text books 
shall be used in the schools under its control, solely by rea- 
son of the fact that five years have elapsed since such 

7714 book or books were first adopted. 

7716. No other officer or authority may determine what text 

books shall be used in the schools of any district except 
in case of failure of the board of education to make avail- 
able to all the youth of school age of the district lawful 
text books as required by sections 7714 and 7715 G. C. 

After a text book or text books are lawfully adopted, 
so long as the same are made available to all the youth 
of school age of the district according to the provisions of 
sections 7714 and 7715 G. C, they continue to be the lawful 
text books to be used in the schools of such district. 

When five years or more have elapsed since the last 
preceding adoption of a text book, the board of education of 
the district may, at a regular meeting held between the first 
Monday of February and the first Monday of August of 
any year, by a majority vote of the members elected thereto, 
adopt another text book on the same subject to be used in 
the schools of the district. 

7620 Nf)TE ON 7620. 

The opinion of the attorney general rendered on 
this section in 1912 and printed on page 185 of the school 
laws to the effect that a board of education may not 



OF THE ATTORNEY GENERAL. 45 

become a member of a mutual insurance association is no 
longer in effect, as the Constitution of Ohio of 1912 in 
Section 6 of Article VIII specifically provides that nothing 
in that section shall prevent the insuring of public buildings 
or properties in mutual insurance associations or companies. 
Therefore, it is lawful for a board of education to insure its 
property in a mutual insurance association. 



mini/, ?.'' CONGRESS 

"ililiiilile 



019 743 921 A 



